ML20094D452

Joint Rept of Parties on Schedule Proposal for Offsite Emergency Planning Matters Filed in Response to 840723 Order.Certificate of Svc Encl

ML20094D452
Person / Time
Site:	Limerick
Issue date:	08/07/1984
From:	Conner T CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
OL, NUDOCS 8408080399
Download: ML20094D452 (14)

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UNITED STATES OF AMERICA Secgg NUCLEAR REGULATORY COMMISSION UStIRc Before' the Atomic Safety and Licensing Bogggd AGO-8 pio:S9 In the Matter o*- 5

) ~e Philade'lphia Electric Company ) DocketNos.'~50'-35I4;h

) 50-353 g v-

-(Limerick Generating Station, )

Units 1 and 2) )

+ JOINT REPORT OF THE PARTIES ON SCHEDULE PROPOSA'L FOR~OFFSITE EMERGENCY PLANNING MATTERS By Order dated July 23, 1984, the presiding Atomic Safety' and Licensing Board (" Licensing Board" or " Board")

' directed that "the-parties participating in offsite emergen-cy planning issues shall discuss and-attempt to agree on a schedule for further prehearing matters leading up to and including. the start of the evidentiary hearing."1/ The Licensing Board also required the parties to participate in

- " negotiations : leading to the mandatory specification of deferred -contentions and the voluntary narrowing and focus-

.ing -. of admitted ~ contentions not otherwise settled." ! A

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f  ; l_/z Philadelphia Electric Company (Limerick Generating N ' Station, Units- 1 and 2) , Docket Nos. 50-352-OL and 50-353-OL, "Crder Requiring Submission of Joint Schedule . Proposal- for' Offsite Emergency Planning Matters"' (July .23, 1984) (slip op. at 1)- (footnote omitted).

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= joint ~ submission by the parties on these discussions was requested.

~ Pursuant to the Board's Order, counsel for the Appli- ,

. cant called all counsel and representatives of the affected

, parties' to arrange . a meeting to discuss and prepare such a

joint submission.: The meeting.was held in Philadelphia on August.1,-1984.. At the meeting, counsel and/or representa-

.:tives '.werei present' for the Applicant, NRC Staff, Limerick

Ecology. Action ( " LEA" ) ', the City of Philadelphia, the

? Federal Emergency . Management Agency (" FEMA"), and the Graterford Prisoners. Miss Ferkin, counsel for the

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q. . Commonwealth of Pennsylvania, could not attend, but agreed v ._.

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that the meeting should go forward. She submitted by letter dated July: 25, 1984 (attached) a schedule giving the 1 tentative- availability _ _ of certain Commonwealth witnesses.

%- Miss- Ferkin subsequently reviewed and approved this Joint Report.as~did_the other parties.

I. Schedule for Prehearing Matters and Commencement of Hearing.

-The parties recognized that the commencement of hear-

'ings - on offsite emergency planning contentions is largely controlled 'by the availability of Commonwealth and FEMA witnesses,'which in turn is dependent upon the completion of

- their1 staff t review, particularly including the results of

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the July 25, 1984 Joint Exercise. As stated by Miss Ferkin in .her letter. dated July 25, 1984 on -scheduling, the n availability of PEMA and other Commonwealth witnesses will F

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i 4 b'e limited in early October because of commitments for

-planning and participation for emergency planning exercises

..I at the Three-Mile Island and Peach-Bottom plants on October

.1;and October 17, respectively.

-Mr. Spen < . Perry, counsel for FEMA, likewise stated at

'the meeting - that FEMA witnesses would be unavailable at

, , those times because of their participation in the exercises.

Mr. Perry also noted that a report on the exercise held for

'5 Limerick on July 25, 1984 is expected to be issued from the

- FEMA a regional of fice ' on or about September 1, 1984. This report will be reviewed-by FEMA headquarters in Washington, D.C.': and, l assuming no . major problems are identified (and none was discussed' at the meeting) , a formal FEMA report of

.. v . :itsi findings ' would ' be issued -about October 1, 1984. Mr.

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Perry statied that this would ~ enable FEMA to submit its

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w'ritten; testimony o n' the contentions about October 15, 7 1984.AI Thus, assuming the

normal. intervals thereafter for

' submitting. motions ~and cross-examination- plans, FEMA'

, witnesses could; testify about November 1, 1984.

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PEMA advises'that the date of the Peach Bottom exercise

-4 rnoted in Miss Ferkin's -letter is in fact-October 17, 1984.

7 m:# 15: wmp 74 / c (The : FEMA ~ representative advised that this estimate is contingent upon the number and nature of contentions.

finally admitted which FEMA is required to address, and

, presupposes .little or no additional discovery. If

! contentions are unusually numerous or require unusually extensive work on . FEMA's part, or if additional discovery is. allowed,;this date may not be feasible.

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Applicant therefore proposed a schedule which would permit witnesses other than FEMA to testify first and FEMA

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witnesses -later. Counsel- for Applicant noted that its

9 schedule called for loading fuel on or about September 15, 1984 - under a fuel loading and low power testing license.

' Th'is schedule calls for the ascent to power program above 5%

rated ' power to proceed on or about December 1.

On this b' asis,-it; proposed the'following schedule.

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-Submission of narrowed and August 17, 1984

' focused contentions, including

-any dropped contentions.

Report on Limerick exercise September 1, 1984 from FEMA regional office.

Prehearing conference on September 17, 1984 5 remaining contentions.

Final-prehearing conference September 27, 1984 (if.necessary).

File written direct testi- October 5, 1984 mony (except FEMA) .-

File motions'to strike. October 12, 1984 File answerss to motions tx)

October 16, 1984

' strike.

. File cross-examination plans. October 19, 1984 Commence hearing. October 22, 1984 FEMA

-File FEMA written direct October 15, 1984 testimony.

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' File motions to strike. October 22, 1984 File Answers to motions to October 26, 1984 strike.

-File cross-examination plans. October 29, 1984 Testimony of FEMA witnesses. November 1, 1984 a l5/ ..Miss ' Ferkin requests that a prehearing conference. be scheduled Tuesday, September 18, 1984 due to her unavailability on September 17.

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_~All of the parties, except LEA, agree'that the schedule if ~ proposed by Applicant is acceptable. LEA, however, proposed a- different schedule by which hearings would not commence

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^until' December. LEA stated _that this would provide LEA an

! opportunity lto review the FEMA report on the July 25 Joint

' Exercise and would - allow' time for meaningful negotiations

'and ~ narrowing and refocusing of admitted and deferred contientions . Its'. proposal is attached.b The parties other

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~ than Applicant . indicated that LEA's proposed schedule was acceptable from the perspective of providing their evidence and the testimony of:their witnesses. The City's position

'is . that either Applicant's or LEA's proposed schedule is acceptable. As-explained below, Mr. Love took no position on either proposed schedule because of the special situation J. for the Graterford Prisoners.

.The participants .in the meeting recognized that

' Applicant's proposed schedule may not be applicable to the Graterford Prisoners.. As ' of that date, PEMA had made available to counsel- for the Graterford Prisoners no

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6/ At .the meeting, -LEA stated that it would request

. discovery on the Evacuation Time Estimates study (deferred LEA-23), notwithstanding the June 25, 1984 discovery deadline. LEA took the position that it had not conducted discovery on the study. Applicant took the position that formal written discovery on LEA's contentions is closed, but agreed to provide additional information' informally within reason.

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?$t 9 V W ' emergency plan for this population. Recognition was given 7 .

of.the Board's Order of April.20, 1984 (slip op, at 9-10)

D' lwhich provided that the Graterford Prisoners would have

-twenty days after..such a report had been made available to ,

,. I their ' counsel to frame contentions with time to respond thereaft'er. No_one at the meeting had any information as to

.when such a report might become~available.

II. Narrowing, Focusing and Rewording of Contentions.

Mr. Smolen stated.-for the City of Philadelphia that its

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contentions- were unchanged from City-18 and City-19 as

. stated-in his letter of July 5, 1984. Miss Mulligan stated

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for' LEA that LEA had-not yet reworded any of its contentions or refocused on-any particular concerns.U

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She stated that none of the contentions was being dropped at this time, but 7added.that'she' expected contentions might be dropped in the future based upon her review of the FEMA report, Evacuation ca", ~

< - Time Estimates study and. interrogatory responses.

Each'of'the. counsel-or representatives of the respec-

, tive '_arties p have' reviewed this report and have authorized t I' A u 6 ,

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l7/ . LEA subsequently explained that 'it is awaiting interrogatory- responses from Applicant and the Commonwealth before rewording its contentions.

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counsel for Applicant to sign and submit this report on

-their behdif.'

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. -. Respectfully submitted, CONNER & WETTERHAHN, P.C.

W 'l Troy B. Conner, Jr.

Counsel for Philadelphia

. Electric Company

- August'7, 1984 e-

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COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S ENERGY COUNCIL P.O. BOX 8010 1625 N. FRONT STREET HARalSBURG, PENNSYLVANIA 17105 OFFICE OF POLICY & PLAN 717-783-9983 July 25, 1984 Robert M. Rader, Esquire Conner and Wetterhahn, P.C.

1747 Pennsylvania Avenue, NW Washington, DC 20006 Re: Limerick Generating Station, Docket Nos. 50-352, 50-353

Dear. Bob:

In line with our telephone conversation earlier today, I am providing the following information with regard to scheduling of offsite emergency planning prehearing activities.

I will be unavailable September 3-14 and 20-21.

Because I am the sole attorney for the Commonwealth in this proceeding, it will not be possible to schedule negotiations and/or prehearing conferences for those dates.

On the subject of a start date for evidentiary hearings, I estimate that Commonwealth witnesses, in particular officials from the Pennsylvania Emergency Management Agency (PEMA), will not be prepared to go to hearing prior to October 1, 1984. Commonwealth witness availability will also be limited in early October in light of officials' commitments to planning and participation in emergency preparedness exercises at the TMI and Peach Bottom plants, tentatively scheduled for the weeks of October 1 and October 15, respectively.

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_y Robert M. Rader Page two July 25, 1984

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I trust you will find this information helpful in your August 1 meeting with other parties involved in offsite

emergency planning matters. I regret I will not be able to attend that meeting, but look forward to reviewing a draft proposed schedule Thursday morning. If you wish to Telefax

-a . copy of the draft proposal, please contact Theresa Dickey (717-783-9983) or Marilyn Wooding (717-783-0220) in my office.

Sincerely, ,,,_

[ ' Y Zori G. Ferkin

)AssistantCounsel cc: B. Vogler H. Smolen M. Mulligan A. Love R. Hippert

-M. Reilly ZGF/td

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2 limerick ecology action BOX 761 . POTTSTOWN, PA.19464 . (215) 326 9122 8/1/84 LEA SCHEDULE PROPOSAL "0FF-SITE" EMERGENCY PLANNING CONTENTIONS Auc. to Continue negotiations between parties: while awaiting:

Sent. 21: PECO Answers to LEA's Second Set of Interrogatories (due August 2) additional follow-up info from FEMA on PENN-DOT traffic analysis FEMA report on the July 25th. exercise During this time period. LEA will send out informational surveys to:

teachers and school staff (including day care, bus drivers pre-school, and gas ctation owners summer camps) towing services firemen SEPT. 25: (3) weeks after FEMA report is received (approximately) written filing due to respecify admitted and deferred contentions Early Octs Written reply filings to be filed if Board and parties deem necessary Mid-Oct: Fre-hearinc con f'cmnco m n- ~ ro ;--i ble thereafter (assuming Doned deems thi- - m, y), depending on Board's schedule Nov. Testimony due a few weeks after Board's ruling on admitted '

respecified contentions (see note below)**

Decs 4 to 6 weeks later hearings are held on any of the following contentions that remain to be litigated:

LEA-11, LEA-12, LEA-13, LEA-14 LEA-15, LEA-22, LEA *26,' LEA-27, LEA-28, LEA-24/F0E-1.

1 on the following contentions that

• • LEA wereseeks deferredsomeby kind of discovery the Board's 4/20 /84 order LEA-1, LEA-2, LEA-3, ,

LEA-4 IEA-5, LEA-6, LEA-23. These could be litigated on the same schedule as the other contentions, or could be held for last.

Due to the fact that so much time has lapsed since they were admitted, LEA would agree to keep discovery on an informal basis, and could litigate these on the same schedule as those above.

-LEA-23 (evacuation time estimates) is the one thing that it might be necessary for LEA to have an opportunity for formal discovery on.

In view of this, LEA is willing to file respecified contentions on J LEA-23 sooner than the above schedule (9/5 ) in order to make sure the schedule permits time for discovery. Co d do 9 gfg

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~Wii UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION n.

'In-the Matter-of )

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. Philadelphia Electric Company -) Docket Nos. 50-352

--' ) 50-353

'(Limerick Generating Station, )

Units 1 and 2)- )

. CERTIFICATE OF-SERVICE 4 IL-hereby certify that copies of " Joint Report of the

.. Parties on Schedule Proposal for Offsite Emergency Planning Matters" dated August 7, 1984 in the captioned matter have

, been served 'upon :- the following by deposit in the United

States: mail this 7th day of August, 1984:

k *: Lawrence.Brenner, Esq. (2) .

Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel

Board- .

U.S. Nuclear Regulatory p U.S.. Nuclear' Regulatory Commission Commission. Washington, D.C. 20555 Washington, D.C.-

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20555 Docketing and Service-Section

'* Dr. Richard F. Cole- Office of the Secretary e

_, ~] . Atomic Safety.and- U.S. Nuclear Regulatory

, Licensing Board Commission F -

U.'S. Nuclear' Regulatory Washington, D.C. 20555 9 ... Commission Washington, D.C. 20555 Ann P. Hodgdon, Esq.

Counsel for NRC Staff Office

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• - Dr. Peter A'. Morris of the Executive

~ Atomic Safety and Legal Director

-Licensing Board U.S. Nuclear Regulatory

=U.S. Nuclear Regulatory _ Commission Commission Washington, D.C. 20555 Washington,'D.C. 20555

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-Atomic Safety.and Licensing Angus Love, Esq.

Board Panel 107 East Main Street

-U.S. Nuclear Regulatory Norristown, PA 19401 Commission Washington, D.C. 20555 Robert J. Sugarman, Esq.

Sugarman, Denworth &

Philadelphia Electric Company Hellegers ATTN:1. Edward.G. Bauer, s' , 16th Floor, Center Plaza Vice President & 101 North Broad Street General Counsel Philadelphia, PA 19107 2301 Market Street

~ Philadelphia, PA 19101 Director, Pennsylvania Emergency Management Agency

.Mr. Frank R.; Romano Basement, Transportation 61 Forest Avenue and Safety Building Ambler, Pennsylvania _ 19002 Harrisburg, PA 17120 Mr." Robert L.-Anthony. Martha W. Bush, Esq.

FriendsLof the' Earth.of Kathryn S. Lewis, Esq.

.the Delaware Valley .

City of Philadelphia 106 Vernon Lane, Box 186 Municipal Services Bldg.

'Moylan, Pennsylvania 19065 15th and.JFK Blvd.

Philadelphia, PA 19107

_ Charles W.'Elliott, Esq.

Brose and Postwistilo Spence W. Perry, Esq.

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' 11101 Building- _

Associate General Counsel

,11th:& Northampton~ Streets Federal Emergency Easton,'PA 18042 Management Agency

-500.C Street, S.W., Rm. 840 Miss~Maureen Mulligan Limerick Washington, DC 20472

-Ecology' Action P.O. Box 761

,,j. - ro ~762-Queen Street Pottstown, PA Thomas Gerusky, Director

,' _ 19464 Bureau of Radiation Protection

' Zori G. Ferkin, Esq.. Department of Environmental Assistant Counsel Resources

-Commonwealth of Pennsylvania 5th Floor, Fulton Bank Bldg.

Governor's Energy Council Third and Locust Streets

1625 N. Front Street Harrisburg, PA 17120 Harrisburg, PA 17102 Jay'M. Gutierrez, Esq.

U.S. Nuclear Regulatory

. Commission L631. Park Avenue King:ofLPrussia, PA 19406

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[ Senior Resident Inspector U.S. Nuclear Regulatory

. Commission

~ .-P.O.-Box.47 Sanatoga, PA 19464

' Timothy R.S. Campbell

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Director-

-Department of Emergency Services

=14 East Biddle Street

-West.Chester, PA 19380 Robert M. Rader b

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